Smt. Indu Bala Verma v. Gurunanak Shiksha Samity Bilaspur

IN THE HIGH COURT OF TUDICATURE AT TABALPUR

W.P. No. 2024 /1999 Smt. Indubala Verma wife of Shri A.P. Verma, aged about 40 years, upper Division Teacher, Khalsa Girls Higher Secondary School Bilaspur, R/o C-17, Kranti Nagar, Bilaspur (C.G.).

PETITIONER

VERSUS

:1.

Gurunanak Shikshan Samiti Dayalband Bilaspur, Through Its President Shri Rajendra Prasad Chawla.

2.

Secretary, Gurunanak Shikshan Samiti Dayalband, Bilaspiu- (M.P.).

3.

Principal, Khalsa Girls Higher Secondary School, Bilaspur (M.P.).

4.

Joint Director School Education, Bilaspur Division, Bilaspur (M.P.).

5.

Principal, Govt.

Multipurpose Higher Secondary School, Bilaspur (C.G.).

6.

State of Chhattisgarh Through - Secretary, School Education Department, Mahanadi Bhavan, Mantralaya, Naya Raipur, Civil & Revenue District Raipur (C.G.) Pin Code 492001.

7.

Director, Directorate of Public Instruction Pension Bada, Raipur (C.G.), Civil & Revenue District Raipur (C.G.) PinCodeNo. 492001.

8.

District Education Officer, Bilaspur, Civil & Revenue District Bilaspur (C.G.) Pin Code No.

495001.

RESPONDENTS

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NAFR HIGH COURT OF CHHATTISGARH. BILASPUR WP No. 2024 of 1999 Smt. Indubala Verma -- Petitioner

Versus

Gurunanak Shikshan Samiti & Others -- Respondents For Petitioner ShriRahul Birtharey, Advocate For Respondent No.1 to 3 ShriVivek Shrivastava, Advocate For Respondent/State Shri Shashank Thakur, Govt. Adv.

Hon'ble Shri Justice Rrashant Kumar Mishra OrderOnBoard 10/02/2017 1.

Petitioner would catl^ the action of the respondent society in not reinstating; her in service even though the order of suspension has been revoked on 6-1-1998 (Annexure - P/12) and no punishment has ever been imposed on her in the departmental enquiry constituted by the management against her.

2.

Perusal of the papers available in the record would demonstrate that on 24-6-1997 (Annexure - P/14) the petitioner, an Upper Division Teacher, with the respondent Khalsa Girls Higher

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thereafter, a departmental enquiry was constituted against her for remaining unauthorisedly absent from duties. The Principal, Government Multipurpose Higher Secondary School, Bilaspur, was appointed as Enquiry Officer. Oncompletion of enquiry, the said Enquiry Officer has submitted his report, as would appear in Annexure - P/16, however, the management did not take any final decision in the matter nor the petitioner has been reinstated.

3.

It alsoappears from the return and the additional documents filed by the Stateon 30-11^ that the Jojnt Director, Education Division, Bilaspur, had informed the management on 28-3-1998 for immediate reinstatement of the petitioner, but no action has been taken.

Another document Annexure - AD/6 would mention that due to fire in the office of the Principal, Government Multipurpose Higher Secondary School, Bilaspur, the papers pertaining to the petitioner's enquiry got destroyed. 4.

In view of the above, for the present no decision can be taken by the management on the basis of the enquiry, which was conducted by the Enquiry Officer in the year 1997-98 as it has become impossible to collect documents pertaining to the said enquiry.

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5.

In the peculiar facts and circumstances of the case, ends of justice would be served if the respondent management is directed to allow the petitioner to resume duties w.e.f. 1st March. 2017 and thereafter, to re-initiate the enquiry, ifthe management so desires and take final decision in the matter on the basis of the enquiry report.

6.

Although the petition remained pending before this Court, but yet considering the letter issued from the office of the Joint Director, Education Division, Bilaspur, on 28-3-1998 (Annexure - AD/1) directing the management to reinstate the petitioner, the petitioner is entitled ^ at least from the said datei.e. 28-3-1998.

7.

While directing payment of back wage this Court is not recording any finding against^ny bf the respondent because they were unable to take action in the matter for non-availability of record due to fire in the office of the Principal, Government Multipurpose Higher Secondary School, Bilaspur, and not because of lapse on the part of any of the respondent, however, at the same time if the petitioner has been kept out of duty for no fault of her, she is entitled for back wages.

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'&^l^a;*^ ,.-/, •^.-w^.^ It is, therefore, directed that the respondent management shall pay back wages to the petitioner w.e.f. 1st April. 1998 to 28th. February. 2017 soon after grant being made available by the State Government.

9.

On management submitting application for releasing the grant, the concerned authority of the State Government shall pass appropriate orders at the earliest preferably within a period of three months from 1st March. 2017.

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10.

In the result, the writ petition is allowed to ttie extent indicated above. There shall be no order as to costs.

Sd/- Prashant Kumar Mishra Judge Gowri